HomeMy WebLinkAboutContract 58361-R3A3CSC No. 58361-R3A3
RENEWAL THREE AND AMENDMENT THREE
TO CITY OF FORT WORTH CONTRACT NO. 58361
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth ("City"), and Hanratty Place Apartments, LP ("Landlord"), each individually referred to as
a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, on September 1, 2022, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 58361 (the
"Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental
assistance program;
WHEREAS, the Parties most recently renewed the agreement for an additional term
beginning September 1, 2024 to August 31, 2025 ("Second Renewal Term");
WHEREAS, as of February 1, 2025, Tenant was moved to a different apartment in the
same complex and signed a new lease renewal, reflecting the dates February 1, 2025 to January
31, 2026;
WHEREAS, the Parties wish to amend the Agreement to update new apartment number
and rental obligations and renew for a Third Renewal Term that reflects the new lease dates.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning February
1, 2025 and expiring January 31, 2026 ("Third Renewal Term") unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement
and shall be binding and enforceable as if they were originally included therein.
1. The second sentence of Section 1, Property Information, is hereby
deleted and amended to read as follows: "The Unit is located at
CSC No. 58361- Amendment Three Page 1 of 6
CoFW and Hanratty Place Apartments, LP
2. Section 3.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
3.1 Security Den_ osit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3. Section 3.2 of the Agreement is hereby deleted in its entirety. The Section has
been restructured to incorporate subsections 3.2.1 through 3.2.5 and will read
as follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent.
Initial Term:
• The City has been notified that the Tenant's Total Rent during the Initial Term is $819.00
per month for the Unit.
• Tenant shall be responsible for $726.00 of rent per month.
• City shall be responsible for $93.00 of rent per month.
First Renewal Term:
CSC No. 58361- Amendment Three Page 2 of 6
CoFW and Hanratty Place Apartments, LP
• The City has been notified that the Tenant's Total Rent during the First Renewal Term is
$900.00 per month for the Unit.
• Tenant shall be responsible for $775.00 of rent per month.
• City shall be responsible for $125.00 of rent per month.
Second Renewal Term (September 1, 2024- January 31, 2025):
• The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $1,146.00 per month for the Unit.
• Tenant shall be responsible for $1,042.00 of rent per month.
• City shall be responsible for $104.00 of rent per month.
Third Renewal Term (February 1, 2025- January 31, 2026):
• The City has been notified that the Tenant's Total Rent during the Third Renewal Term is
$1,146.00 per month for the Unit.
• Tenant shall be responsible for $1,042.00 of rent per month.
• City shall be responsible for $104.00 of rent per month.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant's
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole
obligation is limited to paying the City Portion of the Rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $0.00
utility reimbursement per month toward the Tenant's utility payments, to be paid directly to the
Landlord.
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
Landlord's signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
CSC No. 58361- Amendment Three Page 3 of 6
CoFW and Hanratty Place Apartments, LP
3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due. Payments
for the first month of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
II.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 58361- Amendment Three Page 4 of 6
CoFW and Hanratty Place Apartments, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective
February 1, 2024.
FOR CITY OF FORT WORTH:
5;
Dana Burghdoff (Apr 2025 t1e.T)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Apr 29, 2025
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Director of Neighborhood Services
APPROVED AS TO FORM AND
LEGALITY
Name: Jessika Williams
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
TuliB C. PBv a
Julie C. Pena (Apr 22, 202517:01 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
FOR LANDLORD:
n&,darak Witdm�wtpyV
Deborah Washington (Apr 22, 2025-�6:42 CDT)
Name: Deborah Washington
Title: Property Manager
ATTEST:
Name: Jannette Goodall
Title: City Secretary
Date: Apr 29, 2025
M&C No.: 24-0552
CSC No. 58361- Amendment Three Page 5 of 6
CoFW and Hanratty Place Apartments, LP
Attachment A
History of Rental Obligations by Lease Term
Lease Term
Total Rent
Tenant's Portion
City's Portion
Initial Term
$819
$726
$93
First Renewal
$900
$775
$125
Second Renewal
$1,146
$1,042
$104
(September 1,
2024- January 31,
2025)
Third Renewal
$1,146
$1,042
$104
(February 1, 2025-
January 31, 2026)
EXHIBIT A
Copy of Lease
CSC No. 58361- Amendment Three Page 6 of 6
CoFW and Hanratty Place Apartments, LP
11 s, This lease is valid only if filled out before January 1, 2026.
,,;X.,,SAI', RT,vW',`i A 4t><:f41hr,. Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we," "us," and "our" refer to the owner listed below.
PARTIES
Residents
LEASE DETAILS
A. Apartment (Par. 2)
01/31/2026
F. Notice of Termination or Intent to Move Out (Par. 4)
Aminimum of 30 days'written notice of
termination or intent to move out required at end of initial Lease
term or during renewal period
If the number of days isn't filled in, notice of at least 30 days
is required.
Daily Late Fee
❑ _ % of one month's monthly base rent for days or
❑ $ for days
(3rd or greater) day of the month
J. Early Termination Fee Option (Par. 7.2)
S
Notice of days is required.
You are not eligible for early termination if
you are in default.
Fee must be paid no later than
days after you give us notice
Ifony values ornumberofdays are blank or "0,'
then this section does not apply.
K. Violation Charges
Animal Violation (Par.12.2)
Initial charge of $ 100 . 00 per animal (not
to exceed $100 per animal) and
Adailychargeof$ 10.00 peranimal
(not to exceed $10 per day per animal)
Insurance Violation (Master Lease Addendum
or other separate addendum) t
$ 1
L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Internet $
Package service $ Pest control $ Stormwater/drainage $
Trash service $ Washer/Dryer $
Other: $
Other: $
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5)
N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions, Initial Access Device: $
Additional or Replacement Access Devices: $ 5. 00 Required Insurance Liability Limit (per occurrence): $ _
jSpecial Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 1 of 6
1. Definitions. The following t a commonly used in this Lease:
1.1. "Residents" are those „sted in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease avho are also autho-
rized to live in the apartment, but who do not sign this Lease.
1.3. "Owner" may be identified by an assumed tame and is the
owner only and not property managers or ., !vone else.
1A. "Including" in this Lease means "including but not limited to."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed atcve for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll; e ceive access
information or devices for your apartment and mailbox, and
other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approxii • ations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designatiorsoraccredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRent anorbefore the ';"ayofeach
month (due date) withoutdemand. There are no rrx, eptions
regarding the payment of Rent and you agree not paying Rent on
orbefore the ist ofeach month is a material bree, h of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this, Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums dt a in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each :um due is an
independent covenant, which means payments are due
regardless ofour performance. When we receive money,
other than water and wastewater payment}':ubject to
government regulation, we may apply it at t or option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of rotations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent +nd late fees are
due upon our demand. After the due date, v,, do not have
to accept any payments.
3.3. Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4.
3.5.
3.6.
Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
Ifyour electricity is interrupted, you must use only battery -
operated lighting (no Flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date. If you delay getting service turned on in your name
by this Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
If your apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, Including any fees
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end ofthe
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
4. Automatic LeaseRc mdNotice ofTermination.This Lease
will automatically ren, mth-to-month unless either party gives
written notice of termination: or intent to move out as required by Par.
25 and specified on page 1. Ifthe numberofdays isn't filledin, no-
tice ofat least 30 days is required.
5. Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be a
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must aive us Your advanca
notice of move out as provided by Par. 25 and forwarding_
address in writina to receive a written description and
itemized list of charges or refund. In accordance with th:,
Lease and as allowed by low, we may deduct from your
security deposit any amounts due under this Lease. lfvou
move out early or in resoonse to a notice to vacate. You'll be
liable for rekevino charges. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
i. Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrence
es. Most renter's insurance policies don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as ;
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) if you: (A) fail to move in,
orfail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at ourdemand because
of your default; or (D) are judicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 7.3 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term if all of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default. the Lease remedies apply.
7.3. Special Termination Rights. You may have the right under
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
certain sexual offenses, stalking or death ofa sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe delay is for cleaning or re-
pairs that don't preventyou from moving into the apartment
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 2 of 6
9. Care of Unit and Damages, ist promptly pay or reimburse us
for loss, damage, consequen, nages, government fines orcharg-
es ,or cost of repairs or service in the apartment community because
of a lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to ournegligence,
we're notliable for —and you mustpay for —repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (A) damage from wastewater stoppages caused by improper
objects in lines exclusivelyserving your apartment; (B) damage to
doors, windows, orscreens; and (C) damage from windows or doors
left open.
g
10. Community Policies. Community Policies become part ofthis
Lease andmust be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken ofyou while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law -enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may exclude from the apartment community
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a speofic resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than 3 _ days in one week
without our prior written consent, and no more than twice
that many days in anyone month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use ofpassageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in aloud, obnoxious or dangerous manner,
(c) disturbinc atening the rights, comfort, health, safety,
orconven, f others, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment,
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
(j) making bad -faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted 'at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
Animals. No living creatures of any kind are allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
tess we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
1.2.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice ofoor intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may. keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. ]fan
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes of transportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. If you or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 3 of 6
15. Requests, Repairs and Mall ns.
15.1. Written RequestsRe,, ._d.lfyouoronyoccupantneeds
to send a request —for example, for repairs, installations,
services, gwnership disclosure, orsecurity-related matters —
it must be written and delivered to our designated
represent- five in accordance with this Lease (except for
fair-housil 't accommodation or modification requests or
situations i -olving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitt to a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for mainten: nce or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner,m :'hod and means ofperforming maintenance
and repairs, including whether or which vendors to use,
are within ovrso/e discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, rn(ld, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a haz;i, d or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility cc- s. We may turn off equipment and interrupt
utilities as ; seeded to perform work or to avoid
property'dzynage or other emergencies. If utilities
malfunctii)n or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceed> are received. Unless required by statute after
a casuaky loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature of the problem and
the reason. d ile availability of materials, labor, and
utilities. If cite fail to timely repair condition that
materially affects the physical health or safety of an
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.O561 of the Texas Property Code. I f you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under92.O56(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our sole judgment, it causes a health or safety hazard or impedes our
ability to make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll oavformissinasecuritvde-
vices that are reauired by law. You'll oavfor: (A) rekevina that
you request (unless we failed to rekev after the previous resi-
dent moved out): and (0) repairs or reolacements because of
misuse or damage by you or vour family, vour occupants. or vour
guests. You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
Texas ProperiyCode 2.1.41,P2.153,and 92.154require, with
some exceptions, th, ovide at no cost to you when occupancy
begins: (A) a windowlarcn an each window; (8) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle loch or a security bar on each sliding
door, • (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entrydour. Keyed locks will %,a rekeyed after the prior resident
movesout. The rekeying will be is ie either before you move in or
within 7 days after you move in, as required bylaw. if we fail to in-
stall or rekey security devices as required bylaw, you have the right
to do so and deduct the reasonable cost from your next Rent pay -
men t under Texas Property Code r,cc. 92.165(1). We may deactivate
or not install keyless bolting devic cs on your doors if (A) you or an
occupant in the dwelling is over5's ordisabled, and(B) the require-
mentsofTexasPropertyCodesec 92.153(e)or(f)are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detec tion devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test thi: m and provide working
batteries when you first take possession ofyour
apartment. Upon requess we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at yow, expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm or remove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec. 52.2611 for $100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Un'essotherwise required bylaw, none
ofus, ouremployees, agents, or management companies are liable
to you, your guests oroccupants for any damage, personal injury,
loss to personal property, or/oss of business orpersonal income,
from anycause, including but not limited to: negligent or intention-
alacts ofresidents, occupants, orguests; theft, burglary, assault,
vandalism or other crimes; fire, Roed, waterleaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injuryorloss is
caused exclusively by ournegligence.
We do not warrant security ofonykind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As -Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par. 15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
grooves ofwood-paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video orother cloor-
Apartment Lease Contract 82023, Texas Apartment Association, Inc. Page 4 of6
bells, or lock change )ns, or rekeying is permitted
unless required by lay, ve consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our propert;,. including alarm
systems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or se. urity devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expinse
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or fiom us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 7.3. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. if allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
!tt r 4eili��, ■ni 24.
22. liability. Each resident is jointly and severally liable for all Lease
obligations. If you or any guest or occupant vioictes this Lease or our
Community Policies. all residents are considered to have violated this
Lease.
22.1. Indemnification by You. Youllde/erd,iridrrmnifyandhold us
andouremployees, agents, andmanagement company
harmless from allliabilityarisingfrom you; conductor
requests to ourrepresentatives and fromfhe conductofor
requests by yourinvitees, occupants orgc+ests.
23. Default by Resident.
23.1. Ads of Default. You'll be in default if: (A) ; ou don't
timely pay Rent, including monthly recurr.ng charges, or
other amounts you owe;. (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. lfyoudefault, Including holding over, we may
end your right ofoccupancy by giving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. After giving notice to vacate or
filing an eviction suit, we may still accept Rent or other
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contractual or
statutory right. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. in an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated ifyou'rejudicially evicted or move
out when we demand because you've defaulted.
If you don't p^ st month's Rentwhen or before this Lea.,e
begins, all futL forthe Lease term will be automatical!.-
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) you
move -out notice (2) our notice to vacate, (3) our notice c.
,.
non -renewal, or (4) a written agreement specifying a diff.: nt
move -out date. If a.holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions '
agreed to in writing that have been applied to your accoun'.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that.
collection -agency fees will be added if you don't pay all Burns
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
Representatives' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have r io
authority to waive, amend, or terminate this tease or any part of it
unless in writing and signed, and no authority to make promises, rep-
resentations, or agreements that impose security duties orother ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. our
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, orany o%tier
rights isn'ta waiver under any circumstances. Delay in demanding,
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for;
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver ofother remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move -Out Notice. Before moving out you must give our represen-
tative advance written move -out notice as stated in Para 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day of the month you intend to move
out, move out will be on the last day of that month.
(b) Your move -gut notice must not terminate this Lease
before the end of the Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. Ifyou don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 6
normal wear (that is, wear or soiling that occurs without
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER. YOU
negligence, carelessr ddent, or abuse).
COULD BEA' IN A CLASS ACTION LAWSUIT. BY
26.2. Move -Out lnspectior... emay, but are not obligated to,
SIGNINGTHI. iE,YOU ACCEPT THIS WAIVER AND
provide a joint move -out inspection. Our representatives
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
have no authority to bind or limit us regarding deductions for
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
repairs,damages, or charges. Any statements or estimates by
THE TERMINATION OR EXPIRATION OF THIS LEASE.
us or our representative are subject to our correction, modi-
31.2. Force Majeure. If we are prevented from completing substan-
fication, or disapproval before final accounting or refunding.
tial performance ofany obligation underthis Lease by
27. Surrender and Abandonment. You have surrendered the apartment
occurrences that are beyond ourcontrol, including but
when: (A) the move -out date has passed and no one is living in the
not limited to, an act of God, strikes, epidemics, war, acts of
apartment in our reasonable judgment; or (8) apartment keys and ac-
terrorism, riots, Flood, fire, hurricane, tornado, sabotage or
cess devices listed in Par. 2.1 have been turned in to us —whichever
governmental regulation, then we shall be excused from any
happens first.
further performance of obligations to the fullest extent
allowed bylaw.
You have abandoned the apartment when all of the following have
occurred: (A)everyone appears to have moved out in our reasonable
32. Special Provisions. The following, or attached Special Provision!; and
judgment; (B) you've been in default for nonpayment of Rent for 5
any addenda or Community Policies provided to you, are part of this
consecutive days, or water, gas, or electric service for the apartment
Lease and supersede any conflicting provisions in this Lease.
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
Risk fees are non—refundable. If unit
the main entry door stating that we consider the apartment aban-
rent is $1000+, then risk fee is $800.
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
If unit rent is <$1000 , then risk fee
27.1. The Ending of Your Rights. Surrender, abandonment, or
is $600. Transfer fees are $150.
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
sole judgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
ikt)�y;4 .i+i�iklt•1 v.t0 •Y1`fiit4:d�
Before submitting a rental application or signing this Lease, you
28. TAA Membership. We, the management company representing us,
should review the documents and mayconsult an attorney. You are
or any locator service that you used confirms membership in good
bound by this Lease when it is signed. An electronic signature is
standing of both the Texas Apartment Association and the affiliated
binding. This Lease, including all addenda, is the entire agreement
local apartment association for the area where the apartment is
between you and us. You agree that you are NOT relying on any
located at the time of signing this Lease. If not, the following applies:
oral representations.
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (9) we may not recover past or
Resident or Residents (all sign below)
future rent or other charges. The above remedies also apply if both
of the following occur: (1) this Lease is automatically renewed on a
J%'
�
entities may use TAA forms if TAA agrees in writing.
Name, address and telephone number of locator service (ifapplicable):
(Name of Resident) Date signed
(Name of Resident) Date signed
29. Severability and Survivability. If any provision of this Lease is inval-
(Name of Resident) Date signed
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.1, 10.2,16,22.1, 27,30 and 31 shall survive the termination of
(Name of Resident) Date signed
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
Owa ro�wneis R prese ve (signin o
31. Waivers. By signing this Lease, you agree to the following:
�
�behivvner),
31.1. Class Action Waiver. You agree that you will not participate
tv
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent, join or otherwise maintain a class action,
collective action or similar proceeding against us in
anyforurn.
Apartment Lease Contract. TAA Official Statewide Form 23-A/B-1/6-2 Revised October 2023 Page 6 of 6
Lease Contract Addendum for Unit -
IN ,articipating in Goverviment Regui..
'1`F'X, "`"'`"KUMFN'I' ASSOOIN1 t" Affordable Housing Programs
Addendum. This is an addendum to the Lease Contract
("Lease") executed by you, the resident(s), on the dwelling
you have agreed to rent. That dwelling is:
(name of apartments)
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Participation in Government Program. We, as the owner of
thedwelling you are renting, are participating in a government
regulated affordable housing program.This program requires
both you and us to verify certain information and to agree to
certain provisions contained in this addendum.
3. Accurate Information in Application. By signing this adden-
dum, you are certifying that the information provided in the
Rental Application or any Supplemental Rental Application
regarding your household annual income is true and accurate.
4. Request(s) for Information. By signing this addendum, you
agree that the annual incomeand othereligibility requirements
for participation in this government regulated affordable
housing program are substantial and material obligations
under the Lease. Within seven days after our request, you
agree to comply with our requests for information regard-
ing annual income and eligibility, including requests by the
ownerand the appropriate government monitoring agency.
These requests to you may be made to you nowandanytime
during the Lease term or renewal period.
S. Failure to Answer or Inaccurate Information May Be Good
Cause Grounds for Eviction. If you refuse to answer or do not
provide accurate information in response to the requests in
Par. 4 above, it may be considered a substantial violation of
the Lease and good cause grounds for terminating and/or not
renewing your Leaseand foran eviction. It makes no difference
whether the inaccuracy of the information you furnished was
intentional or unintentional.
6. Termination or Non -Renewal of Lease for Housing Tax
Credit (HTC), HOME Program, NHTF Program and Prop-
erties Owned by Public Facility Corporations. Provisions
in Par. 6-6.5 of this Addendum shall apply only to residents
living in a dwelling covered by the HTC, NHTF and HOME
programs or properties owned by a PFC under Texas Local
Government Code. Par. 6-6.5 of this Addendum also override
any coolrary provisions contained in the Lease. We will not
evict a resident solely on the basis that the resident is or has
been a victim of domestic violence, sexual assault or stalking,
or has participated, testified or assisted in any matter covered
by the Violence Against Women Act 2022.
6.1 Housing Tax Credit Program. For rental properties par-
ticipating in the HTC program, IRS Revenue Ruling 2004-82
provides that a property owner may not evict a resident
or terminate a tenancy except for good cause. In addition,
for HTC units, we must provide the notice required under
the Lease if evicting during the lease term or if terminat-
ing your residency at the end of an initial or renewal term.
In addition, for HTC units, we must provide written notice
specifying the grounds for eviction during the lease term
or if we terminate your residency at the end of the initial
or renewal term.
6.2 HOME Program. For rental properties participating in the
HOME program, federal regulation 24 CFR 92.253 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the Lease, violations of applicable federal, state or local law,
completion of the tenancy period for Transitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons otherthan good cause are prohibited.
In addition, for HOME program units, the property owner
must provide a resident with at least 30 days written notice
before either seeking an eviction or not renewing a Lease.
The written notice must specify the grounds for eviction
or nonrenewal of the Lease.
6.3 NHTF Program. For rental properties participating in the
NHTF program, federal regulation 24 CFR 93.303 provides
that a property owner may not evict a resident or refuse to
renew a Lease except for serious or repeated violations of
the lease, violations of applicable federal, state or local law,
completion of the tenancy period for Transitional Housing
(if applicable) or for good cause. Evictions or nonrenewal
of leases for reasons other than good cause are prohibited.
In addition, for NHTF program units, the property owner
must provide a written notice that specifies the grounds
for eviction or nonrenewal of the Lease.
6.4 Properties Owned by PFCs. For PFC-owned properties, the
owner may only refuse to renew the lease if the resident:
(1) if in material noncompliance with the Lease, including
nonpayment of rent; (2) committed one or more substan-
tial violations of the Lease; (3) failed to provide required
information on income, composition, or eligibility of the
resident's household; or (4) committed repeated minor
violations of the Lease that disrupt the livability of the prop-
erty, adversely affect the health and safety of any person or
right of quiet enjoyment of the lease premises and related
development facilities, interfere with management of the
development or have an adverse financial effect on the
development, including failure of the resident to pay rent
in a timely manner. In addition, we must provide a resident
with at least 30 days written notice of nonrenewal of the
Lease. The owner may not retaliate or take action against
a resident or the resident's guests because the resident
established, attempted to establish or participated in a
resident organization.
6.5 Good Cause. If challenged by a resident a court may deter-
mine if a property owner has good cause to evict, terminate
a tenancy or not renew the Lease. We must provide a 30-day
written notice before seeking an eviction for nonpayment of
rent. If the CARES Act is modified to eliminate the 30-day notice
requirement, HUD or Treasury requirements will supersede
this 30-day notice requirement for nonpayment of rent. "Good
cause" may include, but is not limited to, nonpayment of rent,
failure to answer car provide accurate information, as required
by Par. 4 and 5 of this Addendum, serious or repeated Lease
violations, or breaking the law.
No Lien or Lockout for Unpaid Sums. For rental proper-
ties that are supported by HTC allocations, sec. 2306.6738,
Texas Government Code, prohibits such property owners
from threatening orconductingalockoutunless:allowed by
judicia/process; n ecessary to perform repairs orconstruction
work, orresponding to an emergency. Personal propertyofa
residentmaynot beseized orthreatened to be seized except
byjudicia/processunless the premiseshas been abandoned
as required by 24 CFR 92.253.
TAA Official Statewide Form 234, Revised July, 2023
Copyright 2023, Texas Apartment Association, Inc. __Y
8. Insurance. lrsuranceisnr tired but isstill strongly recom-
mended.Though not req, we urge you to get your own
insurance for losses due to theft, fire, water, pipe leaks, and
similar occurrences.
9. StudentStatus. Bysigning this addendum, you agree to notify
the owner, in writing, if there are any changes in the student
status of ."..J,Y residents (including replacement residents)
occupying the unit.
10. Conflict with Gov I Law. To the extent that any part of
your Lease orthisac ,am conflicts with applicable federal,
state, or local laws or regulations, the law or regulation over-
rides that portion of your Lease or this addendum.
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
Resident
Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
TAA Official Statewide Form 23-V, Revised July, 2023
Copyright 2023, Texas Apartment Association, Inc. z_,..
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORM
Create New From This M&C
DATE: 6/25/2024 REFERENCE NO.: M&C 24-0552 LOG NAME: 192024-2025
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff: Sharon Burkley; b. Public Comment c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2024-2025 Annual
Action Plan for use of federal grant funds to be awarded by the United States Department of
Housing and Urban Development in the amount of $13,036,747.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant,
and Housing Opportunities for Persons with AIDS grant programs;
2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department
of Housing and Urban Development, including allocations of grant funds to particular programs
and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
6. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of
$7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME
Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and
$2,651,960.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated
total of $341,260.45.
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DISCUSSION:
The City's 2024-2025 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2024 and ending
September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low -and moderate -income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low -and moderate -income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2024. All proposals were received on March 15, 2024. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 10, 2024, to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 8, 2024.
A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public
comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star -Telegram on May
13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the
Weatherford Democrat on May 18, 2024.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on May 29, 2024, and the second public hearing is
scheduled for the City Council on June 25, 2024.
A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint
presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be
submitted to HUD by August 15, 2024.
Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, as the
Neighborhood Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation
Plan. A waiver of these costs is requested to allow allocation of these funds to further support the
programs and services to assist low -to -moderate income citizens. This amount is calculated based on the
estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00.
This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as
follows:
Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate -income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush -Up, and accessibility modifications for seniors and persons with disabilities
Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation
Program Delivery - $980,000.00: Includes program delivery costs for housing programs
Administration - $1,401,375.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
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For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as
follows:
Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost
assistance for low- and moderate -income homebuyers
Community Housing Development Organizations (CHDOs) for affordable housing projects -
$414,471.60: These funds will be used by Housing Channel for an affordable housing development in
southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new
construction of 248 residential units comprised of the following: 125 Single Family attached
townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units
(approximately 42\%) will be sold to low to moderate income households at or below 80\% Area
Median Income (AMI). This funding is part of a multi -year commitment to Housing Channel for a total
of five years.
Major Projects - $2,000,000.00: Includes $1,000,000.00 allocated to the affordable housing project to
be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative
(CNI) grant and $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance -
Phase III
Administration - $276,314.40: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,626,781.00
Neighborhood Services Department - $945,620.00
Administration - $79,559.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $568,660.00
Administration - $46,108.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY CONSOLIDATED PLAN I PROGRAM AMOUNT
GOAL
Housing Channel Affordable Housing (Housing Counseling & $111,000.00
Education
Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00
Tarrant County
Increasing Access to
Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00
Adults
AB Christian Learning Center Children and Youth Out of School Time $90,000.00
Services Program
IJ $80,000.00
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Boys & Girls Clubs of Greater Children and Youth IYouth Development at
Tarrant County, Inc.
Services
JEastside Branch
Camp Fire First Texas
Children and YouthServices
Teens In Action
$78,300.00
Girls Incorporated of Tarrant
Children and Youth
Girls Inc. of Tarrant
$100,000.00
County
Services
County
Junior Achievement of the
Children and Youth
Cradle to Career
$50,000.00
Chisholm Trail, Inc.
Services
Initiative
United Community Centers,
Children and Youth
Holistic Educational
$90,000.00
Inc.
Services
Literacy Program
Easter Seals North Texas, Inc.
Economic Empowerment
and Financial Resilience
Employment Services
$60,000.00
Taste Project
Economic Empowerment
Culinary Workforce
$25,000.00
and Financial Resilience
Development Program
The Ladder Alliance
Economic Empowerment
Tarrant County
Workforce
$81,731.00
and Financial Resilience
Development
The Women's Center of Tarrant Economic Empowerment
(Employment Solutions
$60,000.00
County, Inc.
and Financial Resilience
Your Harvest House, Inc.
Economic Empowerment
and Financial Resilience
Client Aid Services
$25,000.00
Healthy Living and
Increasing Health
Cancer Care Services
Wellness
Equity by Decreasing
$50,000.00
Health Disparities
Tarrant Area Food Bank
Healthy Living and
Wellness
Home Delivery
$25,000.00
1CDBG Public Services Agencies Total
11$1,051,031.001
Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
Fort Worth Area Habitat for
Housing Preservation
Humanity, Inc. DBA Trinity
and Rehabilitation
Cowtown Brush Up
$455,000.00
Habitat for Humanity
1CDBG Subrecipient Agencies Total
11 $620,000.001
TOTAL CDBG CONTRACTS
11$1,671,031.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL
AIDS Outreach Homelessness Prevention
Center, Inc. and Special Needs
Support
PROGRAM
The Housing Assistance
Program
- Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
AMOUNT
$326,781.00
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Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
(STRMU), Supportive
Services
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN PROGAM
GOAL
The Presbyterian Night
Homelessness Prevention and
Shelter
Shelter of Tarrant County,
Special Needs Support
Operations/Services
Inc.
Lighthouse for the
Homelessness Prevention and
Day Shelter
Homeless dba True Worth
Special Needs Support
Operations/Services
Place
SafeHaven of Tarrant
Homelessness Prevention and
Shelter
County
Special Needs Support
Operations/Services
Center for Transforming
Homelessness Prevention and
Rapid Re -Housing
Lives
Special Needs Support
The Salvation Army
Homelessness Prevention and
Homelessness
Special Needs Support
Prevention
TOTAL ESG CONTRACTS
All figures have been rounded
to the nearest dollar for presentation
purposes.
$1,300,000.00
$1,626,781.001
AMOUNT
$127,345.00
$138,851.00
$75,000.00
$75,901.00
��$151,563.00�
II$568,660.001
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized through the
Cranston -Gonzales National Affordable Housing Act of 1990. With these grants, administrative and
program delivery allocations support approximately 72 FTE positions in the Neighborhood Services
Department, which is funded nearly 70\% with various grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
These programs are available in ALL COUNCIL DISTRICTS.
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FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. These are reimbursement grants.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget I Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kacey Bess (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal)
2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal)
Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal)
IR 2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public)
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